Construction contracts are vital in supporting a project’s success for both developers and property owners alike. These crucial agreements set the expectations, responsibilities, and liabilities of all parties. A well-crafted construction contract is clear, minimizes the risk of disputes, and shapes the relationship between parties.

If you are starting a construction project, it’s important to understand the types of contracts, key terms, common disputes, and how to negotiate. In this guide, the BCS Construction Law Team will lead you through the foundational elements of a construction contract.

Types of Construction Contracts

There are four main types of construction contracts. Each determines how to set a project’s payment structure.

1. Lump Sum Contract

The entire project is quoted at a single fixed price before work begins. It’s crucial for contractors to accurately estimate the timeline, labor, and material costs. An inaccurate estimate can significantly impact the bottom line. According to CoConstruct, 80% of the 38,000 projects entered into its software from 2018–2020 were lump sum contracts.

1. Cost Plus Contract

Covers the actual costs of construction (labor and materials) plus a fee or percentage of profit. This helps cover both direct and indirect costs, including fluctuations.

1. Time and Materials Contract 

Charges hourly labor rates plus the cost of materials. Useful when some aspects of the project scope are undefined, this format speeds up bidding but requires meticulous record-keeping for accurate billing.

1. Unit Price Contract

Pricing is based on individual units (e.g., per square foot or per item). Ideal for projects involving repeatable elements, like highway or multi-unit housing construction, and allows for straightforward billing per unit completed.

Essential Elements of Successful Austin Construction Contracts

Understanding the various areas and clauses of a construction contract is essential in protecting yourself in a construction deal. Consider these essential elements:

• Scope of work – Details all the tasks and expected outcomes of the project. A clear scope of work sets all parties up for success with accurate expectations and prevents miscommunications and disputes.
• Payment terms – How and when payments will be delivered, including any penalties. Texas law requires specific language if retainage (typically 10%) is withheld, and failure to comply with notice and filing deadlines may invalidate lien rights under Chapter 53 of the Texas Property Code.
• Change orders – The process of changing the contract—written approval for changes to the project scope, timelines, and payments.
• Termination – Grounds and procedures for ending the contract early.
• Insurance and indemnity – Each party’s insurance requirements, limits, and situations where one party may be responsible for losses or damages.
• Dispute resolution – How will any disputes be handled? Mediation, arbitration, and litigation are the most common methods. Many Texas construction contracts mandate binding arbitration, which significantly impacts how disputes are resolved.
• Exclusions – Some Texas construction contracts define what the contractor is not responsible for, helping avoid misunderstandings and reduce potential legal disputes. Vague or overly broad exclusions may be construed against the drafter under Texas law, especially in consumer-facing agreements.

Negotiating Construction Contracts

Approaching construction contract negotiations with the right preparation can save you from costly mistakes and unfavorable terms. Come to the negotiation table with these specifics in mind:

• Define your non-negotiables, and consider where you could be flexible.
• Research potential challenges and legal requirements.
• Clarify vague or overly technical language to avoid misinterpretation.
• Limit liability, and confirm insurance requirements.
• Ensure change order procedures are workable.
• Clearly define “substantial completion.”
• Avoid one-sided indemnity clauses.
• Keep communication clear, and ensure all agreements are documented before finalizing negotiations.

Common Construction Disputes in Austin

Even with the best planning and communication, disputes may still arise. Having a comprehensive and enforceable contract can reduce the risk of costly litigation. 

Here are the most common disputes in the construction industry:

Scope of work disagreements – If the scope of work provision is not clearly defined, it can lead to a dispute over incomplete or inadequate quality of work.

Delays – Disputes over who is responsible and how delays affect payments.

Unauthorized change orders – Failure to comply with established change order procedures can result in significant legal implications, including breach of contract claims or litigation.

Claims of unsound workmanship – Poor workmanship can expose contractors to serious legal repercussions, ranging from costly lawsuits to loss of licenses.

Disputes over payment or retainage – Payment and retainage disputes caused by unclear contract terms can lead to costly delays in the project and even litigation if they can’t be resolved in a timely manner.

Termination without cause – If a construction contract has been wrongfully terminated, it is a breach of the contract, and the terminating party may be on the hook for penalties and damages associated with the breach.

How To Pick the Right Austin Construction Contract Lawyer

A knowledgeable construction lawyer safeguards your interests, ensures compliance, and helps resolve disputes. Look for someone who:

• Specializes in construction law
• Communicates clearly and effectively
• Has a strong track record of dispute resolution
• Pays close attention to contract detail
• Collaborates well with your project team
• Offers transparent legal fees and costs
• Solves problems creatively and quickly to keep your project moving

Need Help Navigating Texas Construction Contract Laws?

This guide offers a foundational overview, not legal advice. To fully understand your rights and options, consult an experienced attorney.

Contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation. We consistently deliver real-time legal solutions for clients throughout Austin and surrounding areas. 

Notably, our Construction Law practice is led by Tony Ciccone, a veteran construction, real estate, and business law attorney, who is not only Board Certified in Construction Law by the Texas Board of Legal Specialization, but also Martindale-Hubbell “AV Preeminent” rated, and a Best Lawyer in Construction Law.

Contact BCS Law to discuss how our proven experience in all areas of construction law and litigation can help resolve your current matter or dispute. We’ll provide a clear assessment of your case and guide you through what to expect next.

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If you’re considering divorce in Texas, one of the most pressing and emotional questions you might face is: Can I afford to get divorced? While every case is unique, understanding what you’re legally entitled to can help you feel more prepared and confident as you evaluate your next steps. 

What is a wife entitled to in a divorce in Texas? What is a husband entitled to in a divorce in Texas? Whether you’re a husband, wife, or partner in a same-sex marriage, this guide provides an overview of how Texas divorce law handles division of property, spousal support, and issues related to child custody. Understanding the basics of Texas divorce laws can help you feel more informed and empowered as you consider your next steps.

In this guide, the BCS Family and Divorce Law team walks you through the basics of how property is divided in a Texas divorce—and what you can generally expect when going through the process.

Dividing Community Property in a Texas Divorce

The first thing to consider is your division of marital assets, or splitting the community property. Since Texas is a community property state, all property acquired during the marriage is considered equally owned by both spouses. 

Community Property Includes:

• Income, investments, bank accounts, and cash
• The marital home and other real estate
• Vehicles
• Art and jewelry
• Other valuables

However, per Texas divorce laws, just because an asset is considered equally co-owned, that does not mean it will be split 50/50. Judges will determine what is a “just and right” division based on your specific situation. Was a spouse at fault for the divorce? Does one spouse have more education and earning potential than the other? Does one spouse have considerably more separate property than the other?

Factors may include:

• Fault in the breakup of the marriage
• Differences in earning potential
• Health conditions
• Contributions to the family and home
• The existence of significant separate property

Be prepared. Identifying and valuing all of your community property ahead of time can help take some of the complexity out of this process.

Separate Property and Texas Divorce

Separate property is anything you owned before the marriage. This can be physical property, business assets, and money. There are also instances when property acquired during marriage remains separate, including inheritances, gifts specifically given to one spouse, and personal injury settlements.

In Texas, your separate property remains yours after a divorce. Your spouse’s separate property will remain theirs after the divorce as well.

It’s important to list and provide documented proof of all of your separate property for your divorce proceedings. Compile receipts, bank statements, titles, and deeds.

Retirement Accounts and Divorce in Texas

One complicated aspect of Texas divorce property division is a retirement account. If a spouse already had a retirement account before the marriage (separate property), and then community funds contributed to the account during the marriage (community property), the account will be evaluated based on its value at the time of marriage and at the time of divorce. The portion of the retirement account that grew during the marriage is typically considered community property.

A special court order called a QDRO (Qualified Domestic Relations Order) may be required to determine how these benefits will be paid out.

Spousal Support in Texas

Long-term spousal support isn’t common in Texas, but there are exceptions where it may be awarded. Texas law places limits on the amount and duration of spousal support, so long-term alimony is uncommon unless specific criteria are met. 

You May Qualify for Spousal Support If: 

• You were married for 10 years or more
• Your spouse was convicted of domestic abuse within two years of the divorce filing
• You are disabled
• You care for a disabled child

Support is usually temporary and based on:

• Financial need
• Education and job skills
• Contributions to the marriage (including non-financial ones like raising children)

Duration of Spousal Support Based on Marriage Length

In Texas, the duration of spousal support is also based on the length of the marriage:

• 10–20 years: Up to 5 years of spousal support
• 20–30 years: Up to 7 years of spousal support
• Over 30 years: Up to 10 years of spousal support 

Texas Child Custody

One of the hardest considerations in a Texas divorce is who will get custody of the children. Texas law does not favor one parent over the other based on gender. Instead, custody decisions are based on:

• Each parent’s involvement in the child’s life
• Ability to co-parent
• Stability and home environment

The Texas family court determines what is in the best interest of the child. The spouse awarded primary custody is called the custodial parent, and the noncustodial parent will provide financial support in the form of child support.

Texas courts aim to keep children connected to both parents and encourage parents to work together on a co-parenting plan when possible.

Calculating Texas Child Support

In Texas, child support is calculated by the monthly net resources of the noncustodial parent, and the number of children needing support. 

Texas Child Support Percentages by Number of Children:

• 20% for 1 child
• 25% for 2 children
• 30% for 3 children
• 35% for 4 children
• 40% for 5 or more children

Child support orders can be modified every three years or if there is a substantial change in financial circumstances.

Maximum Income for Calculating Child Support in Texas

In Texas, child support calculations are based on the paying parent’s income—but only up to a certain point. While there’s no strict cap on how much support a parent can be ordered to pay, there is a ceiling on the amount of income used to determine the calculation.

The income cap for child support calculations is $9,200 per month (as of 2024). That means:

• If a parent earns more than $9,200 monthly, the court will generally apply the standard child support percentage to only the first $9,200—not the full income.
• For example, if you earn $12,000 a month and have one child, the standard 20% guideline would be applied to $9,200, not $12,000.

Can courts go above that amount?

Yes, but only in exceptional circumstances. If a child has specific medical, educational, or emotional needs—or if there’s a significant disparity in the parents’ incomes—the court may deviate from the guideline and order a higher amount.

Closing Thoughts

Every couple’s situation is different, and dividing property during a divorce often comes with its own unique set of challenges. This guide is here to help you get a basic sense of what the process might look like—but it’s not a substitute for legal advice. To fully understand your rights and options, you should consult an experienced Texas family law and divorce attorney.

At BCS, our team also includes attorneys who specialize in real estate and business law—an essential asset for families navigating divorce with complex property or business interests. By working closely with our family law team, our in-house real estate and business attorneys ensure a seamless, collaborative approach that delivers the high-level service and tailored solutions you expect from a boutique law firm.

Need help navigating Texas community property laws? Contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation. The BCS Family and Divorce Law practice is led by veteran Board-Certified Family Law attorneys Leslie Bollier and Susannah Stinson, who are recognized by the Texas Board of Legal Specialization. The BCS Law team will explain your options, formulate a strategic plan, and work tirelessly and productively to help you achieve the best possible outcome.

The post What Are You Entitled To in a Divorce in Texas? appeared first on Bollier Ciccone Stinson Law Texas.

And what are the steps you can take to help you reach the best outcome in a potential property division? Let’s look at some of the biggest questions BCS Law clients have about this complex topic.

Understanding Texas Community Property Law

Community Property in Texas means that any property acquired during a marriage can be considered owned equally by both spouses. It is different from separate property, which, in most cases, is acquired before a marriage or after a divorce.

The distinction between separate vs. community property matters most in the case of a divorce, when property will be divided between spouses, or a death, when property will be divided between a surviving spouse and heirs.

What is Considered Community Property in Texas?

Most of the property received during the marriage is community property, or marital property. Income, houses, vehicles, art, and appliances all fall into this category if they were earned or purchased during the marriage. Even if only one spouse’s name is on the title, deed, or mortgage, both have 50/50 ownership if it was obtained during the marriage. Even income going into separate bank accounts is still community income.

What is Considered Separate Property in Texas?

If it wasn’t acquired during the span of the marriage, it most likely falls into the category of separate property. For example, if one spouse solely owned a house before marriage, that house would be their separate property and not up for division after a divorce.

But some things can still be considered separate property no matter when they were obtained. Personal injury settlements, inheritances, and gifts designated to one spouse only all count as separate property and are not up for division during Texas divorce proceedings.

One tricky element to all of this is that any income earned from separate property during the marriage is considered community property.

Property Division in Divorce in Texas

This is where things can get complicated. Under Texas divorce laws, the Texas court divides property in a way deemed “just and right” instead of equally. This method takes into consideration any fault of the marriage breakup, the spouses’ education levels and earning potentials, disproportionate value of separate property, and the custody and needs of any children. But this still only applies to community property. The court cannot award one spouse’s separate property to the other person.

The court starts at a presumption of 50/50 ownership of all community property and then works from there to determine what is fair and equitable. But some things can’t be split 50/50, like physical property- a house or a car. So, a house could be awarded to one spouse, while a car could be awarded to the other.

Another complicated example is retirement benefits. If a spouse already had a retirement account before the marriage, and then community funds contributed to the account during the marriage, the account would be assessed for the value at the date of the marriage and at the date of the divorce and the difference would be the community property and subject to being divided.

How Texas Divorce Laws Handle Debt Division

Debt is evaluated in the same way as property in this case. Debt acquired during the marriage is considered community debt and split between spouses the same as property.

An unsecured debt, like a credit card, would be assessed much like the retirement benefits addressed above. It all depends on when the debts were accrued- before and after, or during a marriage.

A secured debt, meaning it is attached to an asset, like a house mortgage, would be divided with the asset. In other words, the spouse who receives the house also takes on the mortgage debt.

Some debts, like student loans, are considered separate debts and not eligible to be given to the other spouse in a divorce.

How to Protect Your Assets in a Divorce

The burden of proof is on each spouse to prove what their separate properties are for divorce proceedings. You’ll want to provide tangible proof to support your claim. This documentation can be in the form of receipts, a testimony from an executor, or a will.

It’s also important not to commingle your separate property with community property. For example, if you put an inheritance into a joint bank account, it could be difficult to determine how to rightly divide the separate money from the marital funds. The court can then view the inheritance as community property after it is joined together.

Talk to Family Law and Estate Planning attorneys about the best way to protect your assets before receiving an inheritance. If you do end up commingling properties, you’ll need to talk to a CPA or Forensic Accountant to try to trace the separate monies.

Don’t pay off debts or make any big purchases before the divorce is finalized. This could hurt you since that would all be considered community property, even if you are separated.

Prepare to negotiate. What community assets are a priority for you? What community assets would you be willing to give up?

Death And Property Division in Texas

When a spouse unfortunately passes away, the division of property gets even more complicated. Working off the legal presumption that all of the martial property is only half owned by each spouse, unless anything is rebutted, leaves the division between the surviving spouse and any established heirs. Both parties may be in for a bit of a surprise to learn that they may not be awarded all the property they thought they’d receive. The estate will go into probate until it is all settled.

Closing Thoughts

Each married couple’s circumstances will present their own nuances and challenges when it comes to the division of community property during divorce. This guide is only meant to give you a foundational understanding of what to expect during the process, not offer legal advice. To realize the full scope of your potential case you need an experienced attorney.

Need help navigating Texas community property laws? Contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation. The BCS Family Law practice is led by veteran Board-Certified Family Law attorneys Leslie Bollier and Susannah Stinson, who are recognized by the Texas Board of Legal Specialization. The BCS Law team will explain your options, formulate a strategic plan based on your desired outcome, and work tirelessly and productively to realize your optimized result.

The post Is Texas a Community Property State? appeared first on Bollier Ciccone Stinson Law Texas.

Troy’s impressive background includes representing over 200 school districts throughout Texas in federal and state district court lawsuits. His experience in construction defect cases, coupled with his forward-thinking perspective and awareness of industry trends, allows him to develop cutting-edge strategies for our clients.

With a Juris Doctor from South Texas College of Law Houston and a Bachelor of Arts in Economics from the University of Texas at Austin, Troy possesses a strong educational foundation. His experience spans various prestigious law firms, including Powell Law Group, LLP, and his own practice, The Law Offices of Troy D. Bolen, P.L.L.C.

Troy’s areas of focus include:

• Construction Litigation
• Real Estate Law
• Contract Negotiation
• Regulatory Compliance
• Legal Strategy & Leadership

At Bollier Ciccone Stinson LLP, we are committed to providing exceptional legal representation in construction litigation and real estate matters. Troy’s addition to our team reinforces this commitment, bringing fresh insights and innovative approaches to benefit our clients.

We look forward to the valuable contributions Troy will make to our firm and the positive impact he will have on our clients’ cases.

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Our Super Lawyer recipients are:

• Leslie J. Bollier – Family Law
• Tony Ciccone – Construction Law
• Susannah A. Stinson – Family Law (10th consecutive year)

Rising Star:

• Emily E. Landeros, Family Law Rising Star by Super Lawyers earlier this year.

Super Lawyers selects attorneys using a rigorous, multiphase rating process. Peer nominations and evaluations are combined with independent research to identify outstanding lawyers in more than 70 practice areas. Only 5% of attorneys in Texas receive this distinction each year.

We congratulate our attorneys on this well-deserved recognition and thank our clients for their continued trust in our firm.

For more information about Super Lawyers, visit www.superlawyers.com.

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About William McCoy

Will McCoy is an attorney who focuses on construction and real estate law. He earned his Juris Doctor from Baylor School of Law, where he developed a strong interest in these matters. Will has worked on various cases, gaining experience in contract negotiation, dispute resolution, and compliance with industry regulations.

Before joining Bollier Ciccone Stinson LLP, Will clerked with the Hon. Judge Mark Pittman of the United States District Court for the Northern District of Texas and worked at a Fort Worth boutique law firm, representing clients in complicated disputes. Clients and colleagues have appreciated his ability to navigate legal issues and provide clear, actionable advice.

Contributing to Our Construction and Real Estate Practice

At Bollier Ciccone Stinson LLP, we are committed to providing quality legal services to our clients. Will’s addition to our team reflects our dedication to expanding our capabilities and delivering comprehensive legal solutions. His insights into construction law and his practical experience will be beneficial as we continue to serve our clients in this sector.

Will is particularly skilled in handling matters related to construction contracts, project management, and real estate development. His approach focuses on achieving efficient and favorable outcomes for clients, ensuring that their projects proceed smoothly.

Looking Ahead

We are excited to have Will on board and look forward to the contributions he will make to our firm and our clients. His presence strengthens our ability to address the diverse needs of those we serve in the construction and real estate industries.

Click for more information about Will McCoy and our Construction and Real Estate practices.

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We are pleased to share that Leslie J. Bollier has been featured as one of the 12 influential businesswomen in Austin Way Magazine’s Dynamic Women of Austin feature.

In the Company of Remarkable Women

Being selected as one of Austin’s Dynamic Women is a significant honor, placing Leslie among a group of

talented and influential businesswomen who are making substantial contributions across various fields in Austin. This recognition is a testament to the collective impact these women have on the community and their respective industries.

Leslie’s Professional Achievements

Leslie is known for her expertise in complex family law matters, including property valuation and child custody cases. Her client-focused advocacy and results-driven approach have earned her a respected reputation in Texas. She is Board Certified in Family law by the Texas Board of Legal Specialization, and Austin Monthly has consistently recognized her as a Top Attorney in Family Law since 2020. As a business leader, Leslie boasts 100% of the partners and senior paralegals at her firm are Board Certified.

Outside of her professional achievements, Leslie enjoys the vibrant life in Austin and values time spent with friends and family. Her love for the city complements her professional success, making her not only a respected attorney but also a cherished community member.

Click to view entire magazine (100+ pages)
Click to view Spotlight

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Additionally, Emily E. Landeros and Reese Turner are recognized in the 2025 edition of Best Lawyers: Ones to Watch in America. Emily E. Landeros, also Board Certified in Family Law, is recognized for her contributions in the practice, and Reese Turner for his work in Construction Litigation.

We are honored to have our attorneys included in these prestigious listings.

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About the Top Attorneys List

Austin Monthly’s Top Attorneys list is a peer-driven recognition program designed to identify the most respected attorneys in the Austin area. The selection process involves:

1. An online survey where local attorneys nominate up to three peers per practice area whom they would trust with their own legal matters.
2. Verification of nominations to ensure they are based on firsthand experience and professional respect.
3. Tallying of votes to identify the top percentage of nominees in each practice area.
4. A fact-checking process, including verification of good standing with the state bar association.

It’s important to note that attorneys cannot pay to be nominated or included on this list, maintaining the award’s credibility and impartiality.

Our Recognized Attorneys

Leslie J. Bollier – Family Law
Leslie, who leads our family law section, is Board Certified in Family Law by the Texas Board of Legal Specialization. She is known for her advocacy in complex property and child custody cases.

Susannah A. Stinson – Family Law
Susannah, a partner at our firm, is Board Certified in Family Law and holds an AV Peer Review Rating by Martindale Hubbell. She specializes in complex divorces, child custody, and property division cases.

Emily E. Landeros – Family Law
Emily, also Board Certified in Family Law, manages complex divorce and child custody cases, as well as pre- and post-marital agreements. Her background as an Assistant District Attorney has enhanced her trial skills.

Tony Ciccone – Construction Law
Tony, who leads our civil law practice group, is Board Certified in Construction Law by the Texas Board of Legal Specialization. He handles construction disputes and complex real estate transactions with a practical approach to legal challenges.

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Our Board Certified Team

• Leslie J. Bollier: Focusing on Family Law, Leslie offers expert guidance on complex issues such as divorce, child custody, and property division, ensuring clients receive compassionate and precise legal support.
• Tony Ciccone: Specializing in Construction Law, Tony brings a wealth of knowledge and experience to legal matters involving construction projects, including contract disputes and regulatory compliance.
• Susannah A. Stinson: As a Family Law specialist, Susannah provides adept legal counsel on matters involving family dynamics, helping clients navigate sensitive situations with care and professionalism.
• Emily E. Landeros: Emily specializes in Family Law and is dedicated to assisting clients through challenging family legal issues, offering insightful and effective legal solutions.

About Board Certification

Board Certification is a distinguished honor in the Texas legal community. It indicates an attorney’s advanced expertise and commitment to excellence in a specific area of law. Attorneys who achieve this certification have voluntarily exceeded standard licensing requirements by demonstrating substantial experience and successfully completing a rigorous examination process.

The Importance of Board Certification

• Expertise: Certification reflects an attorney’s specialized knowledge and skills, ensuring they are highly qualified to handle complex legal issues within their specialty.
• Professional Standards: Board-certified attorneys meet stringent criteria, including extensive practice in their specialty area, peer reviews, and ongoing legal education, maintaining the highest standards of professionalism and competence.
• Client Trust: Clients can rely on board-certified attorneys for expert advice and representation, as the TBLS certification is a recognized marker of an attorney’s dedication and proficiency.
• Continuous Learning: Board-certified attorneys are committed to staying current with developments in their field, ensuring they provide informed and effective legal counsel.

At Bollier Ciccone Stinson LLP, our board-certified partners exemplify our dedication to delivering the highest quality legal services. Whether you need assistance with family law or construction law matters, our team has the specialized knowledge and expertise to support you with professionalism and care. Contact us today to learn more about how we can assist with your legal needs.

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